Issue 43 - January 2004
An important Scottish case provided judicial confirmation that there is nothing to stop a claim of professional negligence being made in an adjudication.
Adjudication
Diamond & Others v PJW Enterprises Ltd
Click to download PDFBarnes & Elliot Ltd v Taylor Woodrow Holdings Ltd & Another and Simons Construction Ltd v Aardvark Developments Ltd
Issue 42 - December 2003
The case explored the issue of whether an adjudicator's decision is valid if he does not issue it within the required timescale. See also the Scottish case of Ritchie Brothers (PWC) Ltd v David Philip (Commercials) Ltd discussed in Issue 46.
Rupert Morgan Building Services Ltd v Jervis and Another
Issue 41 - November 2003
The Court of Appeal provides some clarification on the position when no withholding notice has been given. In short, where an interim certificate has been issued, and no s111 notice given, it is not permissible to withhold the payment due.
Thomas-Fredric's (Construction) Ltd v Wilson
Issue 40 - October 2003
The Court of Appeal said that a letter must provide clear evidence of the contracting party's identity if it is to be used to evidence a contract in writing as required by section 107(2)(c) of the Housing Grants Construction and Regeneration Act. Equally, there must be clear evidence that all parties concerned were in agreement if a party claims that an adjudicator has been asked to make a binding decision as to his jurisdiction. The Court of Appeal followed the decision of His Honour Judge Gillilland QC in Nordot v Siemens.
Bracken & Another v Billinghurst
Issue 37 - July 2003
Billinghurst had a complete defence to enforcement proceedings because an offer had been made, albeit by a third party, on clear terms which provided that the cashing of a cheque signalled the clear acceptance of that offer of compromise.
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